A controversial neck hold was applied by police to an unarmed man at a Las Vegas casino. Toshii S. Brown was unable to be revived after he fled two pursuing officers through The Venetian and ultimately was restrained by a “lateral vascular neck restraint”. Critics of the maneuver claim it is simply dangerous to use, as some officers may hold the position, which can lead to death by choking. The police department states that this hold has been applied by officers over 600 times in the last 10 years. The office of the County District Attorney will conduct an official use-of-force review in the matter.
Many Oppose the Restraint
Back in 1991, the family of Charles Bush was awarded over $1 million in damages following a suit when Las Vegas police applied the neck hold on him. New York City has banned the practice as well as the next two largest cities in Nevada. Attorney Brent Bryson, who handles matters of wrongful death, feels that the maneuver is essentially a “chokehold”. The ACLU is also calling for Las Vegas to prohibit using the hold.
Nevada Wrongful Death Law
The heirs or personal representative of a decedent may bring action for damages against a person whose wrongful acts or neglect caused a death. Other parties responsible and the employer of a responsible party may also be the subject to action. Potential damages may be awarded for:
- Pecuniary damages for things such as grief, pain, suffering, and deformity, as well as loss of support, comfort, and consortium.
- Other awards may cover medical and burial expenses, lost wages, and property damage.
- Punitive damages may be awarded to punish wrongdoers is certain cases where egregious or intentional action was demonstrated.
These awards that result from a judgment may not be subject to a claim from those owed a debt from the decedent.
Comparative Negligence in Nevada
A plaintiff will not be barred from recovering for some damages in injury or death cases as long as their negligence is less than that of the defendant(s). A jury makes the determination of the total damages that a plaintiff may recover. Next, those damages are reduced by any percentage of negligence allocated to the plaintiff proportionally. If more than one defendant is deemed liable, they are responsible for only the damages which are proportionally attributable to them.
Certain Limitations Against Parties
Awards for damages in actions against current or former State officers, employees, legislators, and some contractors may be limited to $100,000. Exemplary or punitive damages are not applicable in such cases. These limitations also apply to those individuals or Indian tribes who provide their land for recreational purposes, to encourage recreational use of land and water.
The Law Firm of Jeremy Rosenthal seeks reparations on behalf of those injured, or the families of those killed, as a result of the negligence of another party. You may be entitled to monetary compensation to remedy the distress and adversity endured. Contact the office at (303) 825-2223 for a consultation.